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charley686
28-06-2007, 23:01 PM
hi our eviction date is the 31st of july we cannot move out as we have not got the financial means to do so, so what can we do ,can we stay put until another option arrises the council will not help us ,we are both on benefits,we need more time to try and get financial backing can anyone advise us on this subject many thanks

MDM
28-06-2007, 23:10 PM
#4 Yesterday, 11:38 PM
MDM
Member Join Date: May 2007
Posts: 25


I have cut and pasted my response to your original posting within a tenants rights thread.

A few questions

1) Regarding the deposit - Did the landlord and you sign an inventory at the start of the tenancy ? (If not then the landlord cannot withhold any of the deposit and, if he attempted to do so you could take him to court to get the deposit and costs.) What does it say in the tenancy agreement about the return of the deposit ? (landlord's may not have to return the deposit immediately, but should return it as soon as they have checked there are no outstanding utility bills etc).

2) Regarding the eviction date - is the date 31 of July
a) the day that the landlord's notice to you expires (in which case you can sit tight and await a court order which will take at least 14 days and cost your landlord £95 upfront) or
b) is it the day that a court has granted possession to the landlord after a hearing and proper notices (in which case you can sit tight and await the bailiffs) or
c) is it the day that the bailiffs are turning up to physically evict you (in which case you have to go)

If your landlord is being awkward, you should be in a relatively strong and well protected legal position. It may be worth pointing out to him that it would probably cost him less time, hassle and money to work with you as you come up to this eviction date.